HINDUSTHAN STEEL LTD Vs. AMARNATH SHARMA

JUDGEMENT

(1.) THE petitioner-company is a manufacturer of steel having its factory at Rourkela in the State of Orissa. THE petitioner entered into a contract with the opposite party for execution of certain works at Rourkela. Dispute and differences arose amongst the parties out of the execution of the said contract. Under the terms of the agreement the same was referred to the sole arbitrator Sri S. C. Banerji, the then Deputy Chief Engineer of the petitioner-company in 1965. THE opposite party unnecessarily protracted the arbitration proceedings and finally on 30th of October 1966 the arbitrator passed the following order (Ext. 1).

(2.) THE opposite party, however, filed an application for extension of time under Section 28 of the Arbitration Act (hereinafter to be referred to as the Act) in the court of the Subordinate Judge. Sundargarh, only on 21-8-1969. Ground Nos. 4 and 5 taken in that application were as follows :

(3.) THE impugned order comes directly within the mischief of the aforesaid dictum. Though in 1966 parties were called upon to have extension of time, the opposite party filed the application under Section 28 (1) of the Act about three years after. Delay and dilatory tactics have not been explained by any cogent reason as the opposite party was doing his contract work at Burla in 1968 and could have taken steps for extension of time.